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Thursday, April 28, 2016

Zoners Ponder Offices in Bethlehem's Historic District

After a four and a half hour hearing at their April 27 meeting, Bethlehem's Zoning Hearing Board has decided to wait until next month to decide whether to approve plans that allow Morning Star Partners to locate a financial services business at the northwest intersection of West Market and North New Streets. This unique property, known both as 2 West Market and 511 North New Streets, is located in the heart of the City's historic district, and about 35 residents were on hand to speak for or against the project. The Board usually decides these cases immediately after the hearing. But questions raised at the end of the hearing by Board member Michael Santanasto, who is an attorney in private practice, left Board members feeling they need more time.

They will make a decision at their May 25 meeting, but with only four members. Vice Chair Bill Fitzpatrick declared he had a potential conflict of interest at the onset, and recused himself.

Zoning attorney Jim Preston, who represented Morning Star Partners,called Mark Bahnick from Van Cleef Engineering to explain what is being proposed. The Morning Star property includes a single-family residence facing West Market, a garage, two apartments and two retail businesses facing North New Street, known as the green buildings. The home, known as the Schadt house, is a single-family residence built in the 1840s. The green buildings, first built in the 1820s, are retail establishments and once included the manufacturer of brass instruments for the Moravian Church. These all pre-dated Bethlehem's zoning ordinance, and thus the mixed use of residential and commercial was grandfathered, It is called a "non-conforming use."

Bahnick explained plans toe xtend that nonconforming use by converting the single family home, as well as the retail buildings, into office space for Morning Star. Construction manager Jim Kostecky testified that Morning Star would invest $64,000 into exterior and another $722,000 for interior improvements for an office building with 14 employees.

Kori Lannon explained that she and three other financial advisers at Merrill Lynch, broke away to found their own firm under the tutelage of Herman Rij. It's called Quadrant Private Wealth. She said this property represents an opportunity for her firm to "become part of the fabric of Historic Bethlehem." She added that what they would do would be "would be good for the neighborhood, good for Historic Bethlehem." She said she "wants to restore this building to what it was in its heyday. We want it to be majestic, and yet we want it to blend in with the neighborhood."

These plans were opposed by a trio of Historic Bethlehem residents that include Bruce Haines, Beall Fowler and Robert Romeril. They generally oppose extension of business in the Historic District. Haines argued that Morning Star could establish their business on West Broad Street,and would need no relief at all if they abindined the mixed use for pure residential. But according to Zoning Officers Suzanne Borzak, as many as seven apartments could be placed on the property's footprint.

Many more residents support the application. Suzanne Virgilio, who with her husband owns and operates the nearby Bethlehem Inn, produced a supportive petition signed by 114 Historic District residents.

The project also received the support of several merchants. Steve Kershner, who owns and operates the Twisted Olive, bluntly stated, "Business drives business." Diane Holt, owner of the Apollo Grill, said there needs to be a good mix of residences and businesses in Bethlehem. "We have a lot of empty stores right now. We have businesses that are leaving because of the NIZ in Allentown. ... We cannot afford to lose any more companies or any more stores." Holt drew a stark contrast between Rij, who has invested heavily in Bethlehem businesses and even its mounted police and "developers who do not even live in our City.

Herman Rij,Morning Star's senior partner, told the Zoning Hearing Board he said he was "overwhelmed" by all the support his project has been received. He thanked Brice Haines and Beall Fowler for suggesting that they could find other locations. "Unfortunately, in a capitalistic system, we're allowed to acquire property and make investments where we choose to do so," he added.

He'll discover whether he's right when the Zoning Hearing Board decides this matter on May 25.

21 comments:

Anonymous
said...

They should just move in without any permits or approvals, if they are are caught then they can just go to the ZHB and be treated like Good Samaritans by City staff and ZHB while the residents and objectors will be treated with impatience and lack of interest as the approval is rubber stamped. Oh, wait this is Bethlehem not Allentown, never mind.

I believe this zoning matter has been dragging on for a few years. Come on --- it's not going to be converted into a biker bar or have neon lights hanging in the windows. The owners stated they plan to restore the property (despite it looking pretty well maintained from the photo). The Historic Bethlehem residents opposing this change better wise up.

Jeezy Chreezy, what DOESN'T Bruce Haines complain about? A restaurant on Heckenwelder, businesses on a redeveloped Martin Tower site, a parking deck on the southside..... The only things that I suppose he would support are those things that make him money.

As a historic district resident, business owner, and personal witness to all the zoning meetings regarding the above, this has turned into a battle of arrogance between all of the lead players on both sides involved, IMHO. HR has decided that the arrogant, approve-my-plan-or-I'll-go-elsewhere attitude doesn't work and has adopted a public kinder, gentler side to cultivate support, and the BF/BH coalition continues to beat the drum with the "we know what's best for the historic neighborhood"--their words, not mine. Must be nice, having the resources and the time to propel this contention into perpetuity, as will most certainly happen whatever the zoning decision. I don't envy the board's job on this one, as it will definitely not be over next month.

It has never been my impression that Mr. Rij presented his terms with a "bow down to me or I'll take my business elsewhere" attitude. What he stated was indeed factual - if approval for the project can't be obtained, he will have no other choice but move his business elsewhere. That isn't arrogance, it's common sense.

It might be. Romeril seemed conciliatory at the end of the evening. I was a little astonished to see that historic district residents are supportive because they usually draw a hard line against business on their turf. There are some legal issues, and Bruce Haines was sharp enough to pick up on them. They argue the nonconforming use only extends to part of the property, while Preston argues it covers the entire parcel. Mike Santanasto began making a reductio ad absurdum argument. If a nonconforming auto repair business does five cares a day, can that be traded in for another that does 75 tractor trailers? Whatever is decided, and i am making no prediction, it will be done fairly.

I was glad to see the level of neighborhood support that showed up last night. We're all getting tired of the minority "bully pulpit" that leads to public assumption that everyone in the neighborhood shares their view.

I sensed no arrogance last night from anyone except the younger Romeril. He arrived late and insisted on speaking at the end of the night, and for some time, without having bothered to listen to anyone. As I have said many times, the right to speak should include a duty to listen. I believe a person who walks into a hearing late, without having heard any of the testimony or most of the speakers, has forfeited his right to speak. He was the only person who suggested that historic district residents were being "bullied" (his word) by Rij. Having listened to everyone, I never picked up on that from anyone else. What I heard instead is that Rij reached out and had several open houses so that questions could be answered.

If unable to establish a business here, the apartment option is definitely there. Another possibility not mentioned is a group home for people with mental disabilities. Those MUST be permitted under federal law. This property, located so close to public transit and other businesses, is perfect for that option.

Granting the variance would be the best thing for the neighborhood. The alternative being 7 apartments in a area where parking is already tight. The historic district has already had too many buildings converted to apartments.

Rij did not bully anyone. He opened his doors and invited the neighbors into the building and explained his plans. He also explained that he made an investment in the building, and would be either using for his business, or using it for some other permitted use (which Bernie set forth above). That is not bullying, it is business.

If Mayor Donchez would have sent the zoning amendment his administration proposed to City Council, I am sure this would not be taking place. I know Rij had the support of 5 or 6 council members, because he also met with them and explained his plans.

Haines, Romeril and Fowler are part of an anti-growth movement in Bethlehem. They are classic NIMBY/CAVE people, unless it benefits them.

The Romeril family have been do good agitators ever since they moved to Bethlehem.Not surprised to hear the report on the son. He was raised to have an attitude.Rij has been the broker for the local wealthy since the Merrill Lynch glory days.An old friend of mine had the perfect description of men like him, "he is a slick dick".A group home for people with mental disabilities would be perfect for that neighborhood.

I should point out that the group home option is mine. I heard nobody discuss it. I would think that would be a way of getting attention if you wanted to bully people, as the younger Romeril suggested.

Facts are that Rij arrogantly attempted to bully his way into neighborhood & only became conciliatory after he lost twice in court & couldn't get city council support to rezone the entire block that contains 20 residential buildings & 3 non conforming commercial lots including Rij lot. He threatened massive apartments including Section 8 housing from the beginning & continues in a softer way to present that option if he doesn't get his way.

So the decision is does the ZHB follow the intent of the zoning laws or allow lot owners to do whatever they want to do? 114 signatures of people told the onerous apartment option if they don't sign & including out of neighborhood clients/friends of Rij should have no impact on this decision. It is about adhering to zoning laws!!

I would think that a juicy story about the investigator Nagle getting walked out of his job at the prison for making sexual passes at female inmates and coving up a sexual assault by a deputy warden would be big news. You most by losing your touch.

Your comment is OT. You can post it to Opinions Online. It does not belong here. I have no idea whether there is any truth to your allegations, have not heard them and need to check them out. But in case you haven't noticed, we just had an election. That may not matter to you, bit it should bc it determines precisely who is running things.